Chapter 17.02


17.02.010    Purpose.

17.02.020    Definitions.

17.02.010 Purpose.

This chapter provides definitions for the terms and phrases used in this title. Where any of these definitions conflict with definitions used in other titles of the city code, the definitions in this chapter shall prevail for the purpose of this title. (Ord. 956(part), 1993)

17.02.020 Definitions.

For the purpose of this title, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified herein unless the context requires a different meaning. Where terms are not defined, they shall have the ordinary accepted meaning within the context with which they are used. Where an activity or land use could fall under two definitions, the more specific shall apply. Webster’s Ninth New Collegiate Dictionary, 1983, shall be the source for ordinary accepted meaning and for the definition of words not defined below. Specific examples are included as illustrations but are not intended to restrict a more general definition.

“Access driveway” means an entrance roadway from a street or alley to a parking facility.

“Access easement” means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses.

“Accessory use” means a use which is subordinate and incidental to a principal use.

“Administrative official” means the duly appointed Wapato city fire chief or the mayor of the city of Wapato, whichever is appropriate.

“Adult family home” means a regular family abode in which a person or persons provides personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

“Agricultural building” means a structure designed and constructed to store farm implements or hay, grain, poultry, livestock, fruit and other agricultural products. The structure shall not be used for human habitation, processing, treating or packaging agricultural products, nor shall it be a place used by the public.

“Agricultural market” means a use primarily engaged in the retail sale of fresh agricultural products, grown either on or off site, but may include as incidental and accessory to the principal use the sale of factory-sealed or prepackaged food products and some limited nonfood items. This definition does not include the sale of livestock.

“Agricultural related industry” means specifically:

1. “Packaging plants” may include but are not limited to the following activities:  washing, sorting, crating and other functional operations such as drying, field crushing, or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. Does not include processing activities, or slaughterhouses, animal reduction yards, and tallow works.

2. “Processing plants” may include but are not limited to those activities which involve the fermentation or other substantial chemical and physical alteration of the agricultural product. Does not include slaughterhouses or rendering plants.

3. “Storage facilities” may include those activities which include the warehousing of processed and/or packaged agricultural products.

“Agricultural stand” means a structure up to one thousand square feet in area used for the retail sale of agricultural products, excluding livestock, grown on the premises.

“Agriculture” means the tilling of soil, raising of crops and horticulture (see Table 4-1).

“Alley” means a public thoroughfare or way twenty feet or less in width, which has been dedicated to the city of Wapato for public use. Alleys provide only a secondary means of access to abutting property.

“Amendment” means a change in the wording, context, or substance of this title, or change in the district boundaries on the official zoning map.

“Amusement park” means a permanent outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or the sale of items, and buildings for shows and entertainment.

“Animal clinic/hospital” means a structure used for veterinary care of sick or injured animals. The boarding of animals is limited to short-term care, and is accessory to the principal use. This definition does not include kennels.

“Animal husbandry” means the raising of domesticated farm animals when, in the case of dairy cows, beef cattle, horses, ponies, mules, llamas, goats and sheep, their primary source of food, other than during the winter months, is from grazing in the pasture where they are kept.

“Appeal” means a request for a review of a reviewing official’s decision, determination, order or interpretation of any provision of this title.

“Applicant” means a person submitting an application for any permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner.

“Application for development” means the application form and all accompanying documents and exhibits required by this title or the responsible official.

“Arterial” means a principal or minor arterial as shown in the optional arterial street plan adopted in the Wapato urban area comprehensive plan.

“Attached” means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or roof line, or in the case of multi-story buildings by a common ceiling/floor(s).

Automobile Service Station. See “Service station.”

“Automobile, truck, manufactured home and/or travel trailer sales” means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers.

Bed and Breakfast. See “Boarding house.”

“Beverage industries” means the production, processing, and/or packaging of milk, soft drinks, beer, wine, fruit juices and other drinks.

“Boarding house” means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semi-permanent basis.

“Brokerage offices, transportation” means establishments primarily engaged in furnishing shipping information and acting as agents in arranging transportation for freight and cargo.

Building. See “Structure.”

“Building area” means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and building coverage.

“Building code” means the International Building Code and related codes as amended and adopted by the city of Wapato.

“Building and enforcement official” means that person or persons designated by the legislative body to enforce the provisions of the building code and administer the assigned provisions of this title. For the purpose of this title, “building official” means building and enforcement official.

“Building height” is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. The elevation of the highest adjoining or finished ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than ten feet above lowest finish grade.

2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in Case 2 below is more than ten feet above lowest finished grade. See Figure 2-1 below.

The height of a stepped or terraced building is the maximum height of any segment of the building.

Figure 2-1

“Business school” means a commercial or public school providing instruction solely in professional skills such as:  business management, accounting, secretarial skills, sales, marketing and merchandising.

“Butcher shop” means a custom retail meat cutting operation. This definition does not include slaughtering but does include other accessory uses such as frozen food lockers.

“Campground” means a development providing facilities for outdoor recreational activities, including structural improvements such as covered cooking areas, group facilities, and travel trailer or tent sites designed for temporary occupancy. This definition includes camping clubs when developed in accordance with applicable state standards.

“Car wash” means any structure requiring the installation of special equipment and plumbing, which is used or intended to be used primarily for the washing of motor vehicles.

“Caretaker dwelling” means a single-family dwelling unit accessory to an agricultural, professional, commercial or industrial use for occupancy by the owner/caretaker.

“Certificate of concurrency” means the certificate issued by the city of Wapato upon finding that an application for a development permit will not reduce the level of service below standards set forth within the city of Wapato comprehensive plan.

“Certificate of zoning review” means that certificate issued by the building official stating that the proposed use of the structure or land conforms to the provisions of this title.

“Change of use” means a change from one use listed in Table 4-1, Permitted Land Uses, to another use listed in that table.

“Church” means a structure, or group of structures, which by design and construction are primarily used for organized religious services and instruction.

“City” means the city of Wapato.

“Class (1) uses” are those uses set forth and defined in the text and tables of Chapter 17.04 and are permitted on any site in the district provided district standards are met. The building official shall review Class (1) uses for compliance with the provisions and standards of the district. In some cases Class (1) uses may require review by the planning commission.

“Class (2) uses” are those uses set forth and defined in the text and tables of Chapter 17.04 and are generally permitted throughout the district. However, site plan review by the planning commission is required in order to promote compatibility with the intent and character of the district and the objectives of the Wapato urban area comprehensive plan.

“Class (3) uses” are those uses set forth and defined in the text and tables of Chapter 17.04 and are generally incompatible with their neighbors because of their size, emissions, traffic generations or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Class (3) uses may be permitted by the city council when it determines, after holding a public hearing, that difficulties related to compatibility, the provisions of public services, and the Wapato urban area comprehensive plan objectives have been adequately resolved.

“Class (1), (2) or (3) use, approved” means any use or development approved upon completion of Class (1), (2) or (3) review.

“Class (1), (2) or (3) use, or development, existing” means a use or development legally existing or legally established prior to the effective date of the ordinance codified in this title has been or would be classified under Chapter 17.04 as a Class (1), (2) or (3) use in a particular district even though the use has not been through Class (1), (2) or (3) review, and may or may not conform to the standards of this title. This definition includes any existing Class (1), (2) or (3) use with an approved modification under Chapter 17.17.

“Clinic” means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises.

“Communication tower” means any tower, pole, mast, whip, or antenna, or any combination thereof, used for radio or television transmission or line-of-site relay. This definition includes towers erected for use in the amateur radio service.

“Communication tower, height” means the vertical distance above the ground measured to the highest point of the communication tower.

“Community center” means a facility owned and operated by a public agency or nonprofit corporation; provided, that the principal use of the facility is for public assistance, community improvement, or public assembly.

Community Water System. See “Water system.”

“Compatibility” means the characteristics of different uses or development that permit them to be located near each other in harmony.

“Comprehensive plan” means the Wapato urban area comprehensive plan and any supplemental plans officially adopted under Chapter 36.70 RCW for the Wapato urban area or any portion thereof.

“Concentrated animal feeding operation” means a structure or pens for the concentrated feeding or holding of animals or poultry, including but not limited to horses, cattle, sheep or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms but does not include animal husbandry.

“Concurrency” means when adequate public facilities meeting level of service standards are in place at the time a development permit is issued; or a permit is issued subject to the determination that necessary facilities will be in place when the impacts of the development occur; or that improvements or strategies are in place at the time of development; or that a financial commitment is in place to complete the improvements or strategies within six years of the time of development.

“Concurrency management system” means the system used by the city to determine that development approvals, when issued, will not reduce the level of service below standards established in the city of Wapato comprehensive plan.

“Condition(s) of approval” means restrictions or requirements imposed by a reviewing official pursuant to authority granted by this title.

“Convalescent or nursing home” means an establishment providing nursing, dietary and other personal services to convalescent, invalid, or aged persons, but not mental cases and cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals.

“Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste.

“Day” means calendar day. (See Section 17.20.100 for computation of time.)

“Day care center, mini” means the care of more than twelve children, including children who reside at the home, conducted by the occupant within their residence. A mini-day care center shall be regarded as a home occupation.

“Day care facility” means any institution or establishment in which children are received during established time periods in a nonresidential facility for the purpose of being given nonparental care, supervision or training.

“Day care provider, family” means a child day care provider who regularly provides child day care for not more than twelve children in the provider’s home in the family living quarters.

“De minimis development” means a proposed development of such low intensity as to have a minimal effect, if any, upon the level of service. Single-family dwellings and any development generating less than ninety vehicular trips per day shall be deemed de minimis.

“Delicatessen and other specialty stores” means retail food stores selling ready-to-eat food products such as cooked meats, prepared salads or other specialty food items. This definition includes seafood, health food and other specialty food stores.

“Development” means “use” as defined by this title.

“Development permit” means written authorization for development or modification of development as defined in this title. When a building or other construction permit is required, the building/construction permit shall serve as the development permit. If no building/construction permit is required, the certificate of zoning review shall serve as the development permit.

“Development, planned residential” means, in the residential districts, the coordinated development of a single lot with a number of residential structures and/or dwelling types which are designed to:

1. Maintain the character of the residential neighborhood;

2. Provide compatibility between various types of dwelling units, off-street parking and other uses within the site;

3. Share such site amenities as off-street parking, access drives, open space and recreational facilities.

This definition includes the clustering of residential units on a single lot.

In the commercial districts, “planned residential development” means a mixed use development combining multifamily residential and commercial use(s) into a single coordinated project.

“Divide” means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part of an owner’s “land” as defined in this chapter. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner’s “land” shall not constitute a division of land.

“Domestic farm animal” means animals domesticated by man to live in a tame condition. This definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry and swine.

“Driveway” means the required traveled path to or through a parking lot for three or more vehicles.

“Drugstore” means a store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well.

“Dwelling” means a structure or portion thereof designed exclusively for residential purposes.

“Dwelling, multiple-family” means a structure, or portion thereof, designed for occupancy by three or more families living independently of each other and containing three or more attached dwelling units on a lot.

“Dwelling, single-family” means a structure designed to contain a single dwelling unit. Single-family dwellings are further classified by their nature of construction as follows:

1. Site-Built. Constructed primarily at the occupancy site and permanently affixed to the ground by a foundation.

2. Manufactured home. (See “Manufactured home.”)

3. Modular home. (See “Modular home.”)

“Dwelling, single-family attached” means two single-family dwellings that are attached but with each dwelling unit located entirely on its own lot. This definition includes manufactured homes and modular homes. This definition does not include row houses or other housing types with more than two attached single-family dwellings.

“Dwelling, single-family detached” means one dwelling unit located on one lot and not attached to any other dwelling unit.

“Dwelling, two-family” means a structure designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot. This definition includes the term “duplex.”

“Dwelling unit” means one or more rooms in a dwelling for the occupancy of one family and providing complete and independent living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation.

“Earthen material” means sand, gravel, rock, aggregate and/or soil.

“Environmental review” means the procedures and requirements established by the State Environmental Policy Act, Chapter 43.21C RCW, as it now exists or is hereafter amended.

“Essential public facilities” means:

1. Those facilities that are typically difficult to site, such as airports, state education facilities, state and local correctional facilities, state or regional transportation facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, and group homes not falling under the purview of fair housing laws, such as adult correctional work release facilities;

2. Those facilities listed in RCW 36.70A.200, Siting of essential public facilities; or

3. Those facilities appearing on the list maintained by the State Office of Financial Management pursuant to RCW 36.70A.200(4).

“Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons, excluding servants, who are not related by blood or marriage, living together or a single housekeeping unit in a dwelling unit. The term “family” shall also include consensual living arrangements of disabled persons living in a group home or other home-like setting which are protected by the provisions of the Federal Fair Housing Act and the Washington Housing Policy Act, RCW 36.70.990 and 36.70A.410 (see “Group home”).

“Fence” means a structure built to prevent escape or intrusion, or to provide privacy or site screening.

“Finding” is a conclusion of fact reached by the reviewing official in a review process and based on the evidence available therein.

“Flood plain (one-hundred-year)” means the relatively flat area or low lands adjoining the channel of a river or stream subject to one percent or greater chance of flooding in any given year.

“Floodway” means the channel or waterway or those portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the flood waters of the watercourse without causing more than a one-foot rise in the water surface elevation of a one-hundred-year flood.

“Glare” is the reflection of harsh, bright light.

“Grade” is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

Gross Floor Area. See Section 17.06.040.

“Group home” means any dwelling licensed, certified or authorized by state, federal or local authorities as an adult family home or a residence for handicapped, physically or developmentally disabled adults, or dependent or pre-delinquent children, providing special care in a home-like environment.

“Hazardous waste” means and includes all dangerous and extremely hazardous waste as defined in RCW 70.105.010.

“Hazardous waste generator” means any person or site whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulations under the Dangerous Waste Regulation, Chapter 173-303 WAC.

“Hazardous waste, off-site” means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located.

“Hazardous waste, on-site” means hazardous waste treatment and storage facilities which treat and store wastes generated on the same lot.

“Hazardous waste storage” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.

“Hazardous waste treatment” means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in value.

“Home occupation” means the accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services in the home.

“Home occupation, business administration” means the accessory use of a dwelling as an administrative office for an occupation conducted away from home. The home is used for phone calls, mail, and completing paperwork associated with a business. This definition does not include manufacturing, sales, repair and other services.

“Homeowners association” means a community association, other than a condominium association, in which individual owners share ownership or maintenance responsibilities for open space or facilities.

“Hospital” means an institution providing clinical, temporary, and emergency services of a medical or surgical nature to human patients which is licensed by the state to provide facilities and services for surgery, obstetrics, and general medical practice as distinguished from clinical treatment of medical and nervous disorders.

“ICBO construction table” means that table representing average cost for most buildings, produced from the building valuation data published in the Building Standards Magazine by the International Conference of Building Officials.

“Impervious surface” means any material which reduces or prevents absorption of storm water into previously undeveloped land.

“Intensity” is the combination of factors (such as visual appearance and building size, traffic generation, noise, dust, light and economic value) associated with a particular use that determines the potential impact of that use on neighboring land uses. The higher the intensity the greater the possible impact on neighboring land uses. Generally the intensity of land use will determine its compatibility with other types of land uses.

“Irrigation and/or drainage facilities” means all irrigation and/or drainage structures, including but not limited to:  standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc.

“Kennel” means a facility for the confinement of more than six dogs, or cats, or other domesticated animals four months of age or older. This definition shall include boarding kennels but not for dogs or cats or other animals in pet shops or animal hospitals.

“Land” means a lot or parcel.

“Land use” means the manner in which land and structure are used.

“Landscaping” means the arrangement and planting of trees, grass, shrubs and flowers, and the placement of foundation, patio, street furniture and ornamental concrete or stonework and artificial turf.

“Legislative body” means the Wapato city council.

“Loading space” means an off-street space on the same lot with a structure or use, or contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which abuts a street, alley or other appropriate means of access and egress.

“Lot” means a division of land (1) having defined boundaries and shown on a final plat or short plat officially recorded in the Yakima County auditor’s office or (2) which is a legally recognized prior division or parcel under the provisions of Yakima County’s subdivision ordinance or the city of Wapato subdivision ordinance (Title 16).

“Lot, corner” means a lot abutting two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees.

Figure 2-2

“Lot coverage” means that portion of the lot that is covered by structures, and other impervious surfaces.

“Lot depth” means the horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line. See Figure 2-3.

Figure 2-3

“Lot, flag” means a lot where only a narrow portion is on a public/private road and where access to the public/private road is across that narrow portion. See Figure 2-2.

“Lot, inside or interior” means a lot other than a corner lot. See Figure 2-2.

“Lot line, front” means, in the case of an interior lot, the property line separating the lot from the road. For the purpose of establishing the front lot line for a corner or flag lot, the following shall apply:

1. In the case of a corner lot, the front line shall be the property line with the narrowest street frontage; except, the building official, or his designee, shall designate the front lot line for corner lots in residential districts.

2. For a flag lot, when the access easement or right-of-way extends across the lot, the front lot line shall be the line separating the lot from the right-of-way or access easement. When the right-of-way or access easement does not extend across the property, the front lot line shall be determined by the building official.

Figure 2-4

“Lot line, interior” means, in the case of zero lot line development, the property line separating a zero lot line from:  (1) another zero lot line or (2) adjoining common open space. See Figure 2-4.

“Lot line, rear” means the property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or other lot, the rear line of which is formed by two or more lines, the following shall apply:

1. For a triangular or gore-shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line.

2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the required rear lot line.

3. In the case of a pentagon lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.

“Lot line, side” means any lot boundary line not a front lot line or rear lot line.

“Lot, through” means an interior lot having frontage on two streets. See Figure 2-2.

“Lot width” means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines. See Figure 2-3.

“Manufactured home” means a home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

1. Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;

2. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch;

3. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences;

4. Multi-Wide. Have a minimum width of not less than seventeen feet as measured at all points perpendicular to the length of the manufactured home; and

5. Single-Wide. Have a minimum width less than seventeen feet as measured at any point perpendicular to the length of the manufactured home.

“Manufactured home, new” means any manufactured home required to be titled under RCW Title 46, Motor Vehicles, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2).

“Manufactured home park” means a parcel of land under single ownership used for the placement of two or more manufactured homes used as dwellings. This definition shall not apply to the placement of a temporary hardship unit (Section 17.04.110) on the same parcel with another manufactured home.

“Manufactured home park expansion” means the preparation of additional sites for manufactured homes (including the installation of utilities, final site grading, the pouring of concrete pads, and the construction of streets).

“Mining” means all, or any part of, the process involved in quarrying, mineral extraction, crushing, asphalt mixing plants, concrete batch plants, or other uses of a similar nature, but does not include petroleum or natural gas exploration or production.

“Mixed use development” means use of land or structure for two or more different uses.

“Mobile home” means a transportable factory-built home designed and intended to be used as a year-round dwelling, and built prior to the enactment of the Federal Manufactured Housing and Safety Standards Act of 1974. Mobile homes are no longer built, and their placement in this community is prohibited.

“Modification (of use or development)” means any change or alteration in the occupancy, arrangement, placement or construction of any existing use, structure, or associated site improvement, and any change or alteration of land.

“Modular home” means a factory-assembled structure designed primarily for use as a dwelling when connected to the required utilities that include plumbing, heating, and electrical systems contained therein, does not contain its own running gear, and must be mounted on a permanent foundation. This definition does not include a mobile home, manufactured home, commercial coach, recreational vehicle or motor home. The same standards shall apply to modular homes as are applied to manufactured homes. See “Manufactured home.”

“Motor vehicle wrecker” means every person engaged in the business of buying, selling or dealing in vehicles of a type required to be licensed under the laws of the state of Washington, for the purpose of wrecking, dismantling, disassembling or essentially changing the form of any motor vehicle, including the practice of disassembling and reassembling automobiles for sale.

“Multiple-building complex” means a group of structures housing separate businesses which share the same lot, access and/or parking facilities.

“Multiple-occupancy building” means a single structure housing more than one retail business, office, or commercial venture.

“Net residential acre” means forty-three thousand five hundred sixty square feet minus the area in private and public streets, right-of-way, and access easements. (See Section 17.05.030(B) to calculate the maximum number of dwelling units permitted on a site.)

“Noise” means an intense sound associated with a use and which is a nuisance.

“Nonconforming lot” means a lot, the area or dimension of which was lawful prior to adoption or amendment of the ordinance codified in this title, but which fails to conform to the present requirements of the zoning district in which it is located.

“Nonconforming structure” means a structure which was lawful prior to the adoption or amendment of the ordinance codified in this title, but which fails by reason of such adoption or amendment to conform to the present requirements of the zoning district in which it is located.

“Nonconforming use” means a use of land or structures which was lawfully established and maintained at the effective date of the ordinance codified in this title but does not conform to this title for the district in which it is located.

“Nuisance” means any use, activity or structure that interferes with the enjoyment and use of one’s property by endangering personal health or safety, offending the human senses and/or failing to conform with the provisions, intent, or standards of the district in which the use, activity or structure occurs.

“Nursery” means facilities used for the propagation and sale of agricultural or ornamental plants and related products. Nurseries are further classified as follows:

1. Retail Nursery. A nursery which offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items.

2. Wholesale Nursery. A nursery which raises nursery stock for sale to a retail nursery or other business.

3. Greenhouse. A nursery facility constructed with transparent or translucent materials for indoor propagation of plants. This definition does not include private greenhouses with no sales.

“Occupancy” means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For purpose of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use.

“Off-street parking” means a parking space(s) and associated driveway(s) located beyond the right-of-way of a highway, street or alley.

“Open space” means an area of land or water that is substantially free of structures, impervious surfaces and other land-altering activities.

“Open space, common” means open space related to a development that is not dedicated for public use, but is designed, intended and legally committed for the common use or enjoyment of the residents of the development.

“Park” means a public or privately owned area with facilities for active or passive recreation by the public.

“Parking angle” means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the parking facility, ranging from zero to ninety degrees.

“Parking bay” means the section of a parking facility containing a driveway and containing one or two rows of parking stalls.

“Parking space” means an off-street area that is paved, drained, maintained and used for the temporary storage of one motor vehicle.

“Parking stall” means a clearly marked area in which one vehicle is to be parked, a parking space.

“Party of record” means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action.

“Permit” means written governmental approval issued by authorized official, empowering the holder thereof to take some action permitted only upon issuance of written approval.

“Planned development” means any rezone to planned development within the Wapato urban area approved by the city council under the provisions of Chapter 17.23 and any rezone to planned development approved by the Wapato city council under the provisions of any other applicable code section, as they existed on or before the effective date of the ordinance codified in this title.

Planned Residential Development. See “Development, planned residential.”

“Planning commission” means the duly constituted planning commission for the Wapato urban area.

“Preliminary approval” means the contingent approval by the planning commission in Class (2) review prior to final approval.

Preschool. See “Day care facility.”

Private Water System. See “Water system, individual.”

“Property owner(s)” means the legal owner(s) of the property.

“Public hearing” means a meeting open to the public that is announced and advertised in advance at which the public is given an opportunity to participate.

Public Water System. See “Water system, public.”

“Recreational vehicle” means a motorized or nonmotorized vehicle designed and manufactured for recreational use, including but not limited to boats, travel trailers, snowmobiles, go-carts, motorcycles and dune buggies.

“Recycling center” means a facility where discarded household products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing.

“Residential density” means the number of dwelling units per net acre of land. This term includes dwelling unit density.

“Restaurant” means an establishment operated primarily for preparing, cooking, and serving meals, with the serving of beverages as incidental thereto.

“Retail service” means uses providing services, as opposed to products, to the general public. Examples are eating and drinking establishments, motels, real estate and financial offices and uses providing health, education and social services.

“Retail trade” means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Lumber yards, office supply stores, nurseries, butcher shops, paint stores and similar uses shall be considered as retail trade establishments even though a portion of their business may be to contractors or to other business establishments.

“Retirement home” means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. This definition does not include nursing, convalescent or rest homes, hospitals or sanitariums.

“Reviewing official” means the building and enforcement official, planning commission, or legislative body, when engaged in any review or approval procedure under the provisions of this title. “Reviewing official” also includes the fire department when engaged in accepting applications or reviewing administrative modifications under Chapter 17.17.

“Rezone” means to change the zoning district classification of particular lot(s) or parcel(s) of land.

“Right-of-way, public” means land deeded or dedicated to, or purchased by, the city of Wapato for existing or future public pedestrian or vehicle access.

“Road, arterial” means a public road designated as a major/principal arterial, secondary/minor arterial, or collector arterial by the transportation element of the Wapato subarea comprehensive plan.

“Road, local access” means a public road not designed as a principal arterial, minor arterial, or collector by Yakima County or the city of Wapato. The primary purpose of a local access road is to connect property along the local access road with the arterial street system.

“Road, minor local access” means a local access road maintained by the city or county that serves eight or fewer lots (including interior and exterior lots) and is not, or is not capable of becoming, a through street.

“Road, private” means a road not designed, built, or maintained by Yakima County, the city of Wapato, the Washington State Department of Transportation or any other political subdivisions of the state. This definition does not include driveways. Also see the definition of “Access easement.”

“Road, public” means the physical improvement of the public right-of-way, including but not limited to surfacing, curbs, gutters and drainage facilities, which is maintained and kept open by the city of Wapato for public vehicular and pedestrian use.

“School” means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private, or parochial school.

“School, vocational” means the commercial use of a structure or land for teaching arts, crafts, or trades.

“Screen” means a protective device for recreational purpose designed to keep recreational equipment within or outside of a designated area.

“Service station” means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and may include lubrication and minor repair service and incidental sale of motor vehicle accessories.

“Setback, front” is the minimum horizontal distance measured perpendicular from the centerline of the adjacent right-of-way to the nearest wall of the structure. Where there is a partial right-of-way, the setback shall be measured perpendicular from the design centerline. When there is no right-of-way, the front setback shall be twenty feet from the front property line.

“Setback, side and rear” is the minimum horizontal distance measured perpendicular from the nearest property line to the nearest wall of the structure. Except that a side setback of a corner lot, along the adjacent right-of-way, shall be measured perpendicular from the centerline of the right-of-way. When there is a partial right-of-way, the setback shall be measured perpendicular from the design centerline.

“Sewer system, community” means small, self-contained sewage treatment facilities built to serve developed areas generally found outside public sewer services areas.

“Sewer system, individual” means a system designed and constructed on site to dispose of sewage from one or two structures. Septic tank systems are the most common form of individual sewer system.

“Sewer system, regional” means sewer service provided by a municipality or special purpose district.

Sign. See Chapter 17.08 for the complete definition of “sign.”

“Site improvement” means any structure or other addition to land.

“Site improvement, required” means any specific design, construction requirement or site improvement which is a condition of approval for any permit issued under the provisions of this title or which is a part of any site plan approved under the provisions of this title.

“Site plan, detailed” means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified.

“Site plan, general” means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built upon, the size and location of existing buildings on the lot to the nearest foot, and the location and dimensions of the proposed building(s), structure(s), or alteration(s).

“Standard administrative adjustment” means a change, either an increase or decrease, in one or more of the development standards in Chapters 17.05 through 17.08 in accordance with the provisions of Chapter 17.10.

“Standard, general” means any standard not capable of precise numerical definition but which expresses the policies of the community in this title and which may be applied by a reviewing official during Class (2) or (3) review.

“Standard, specific” means those numerical standards established in Chapters 17.04, 17.05, 17.06, 17.07, 17.08, and 17.09.

“State siting criteria” means criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of Chapter 70.105 RCW.

“Storage facilities, bulk” means either enclosed (see “Warehouse”) or outdoor areas designed for the storage of either large quantities of materials or materials of large size.

“Storage facilities, commercial” means enclosed storage areas designated as support facilities for commercial activities and used for the storage of retail materials.

“Storage facilities, residential mini-storage” means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure.

“Street” means public or private road.

“Structural alteration” means:

1. Any change in a major component or other supporting members of the structure, including foundations, bearing walls, beams, columns, floor or roof joists, girders, or rafters; or

2. Any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure.

“Structure” means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.

“Structure, temporary” means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

“Tavern” means an establishment operated primarily for the sale of wine, beer, or other beverages with any service of food incidental thereto.

“Travel trailer” means a trailer or other unit designed as a temporary dwelling for travel or recreational uses and which moves upon public streets and highways and is thirty-five feet or less in length and eight feet or less in width.

“Urban area” means the area within the city limits of Wapato. The boundary and legal description of the Wapato urban area is set forth in Section 17.01.020.

“Urban services” include, but are not limited to, public water and sewer lines, neighborhood parks, street lights, police and fire protection.

“Use” means the activity or purpose for which land or structures or combination of land and structures are designed, arranged, occupied, or maintained together with any associated site improvements. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvements and any physical alteration to land itself including any grading, leveling, paving or excavation. “Use” also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof.

Use, Class (1), (2) or (3). See “Class (1), (2) or (3) use.”

“Use district” means a portion of the Wapato urban area within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open space are required and specific lot areas are established, all as set forth and specified in this title. This definition also includes the terms “zone” and “zoning district.”

Use Modification. See “Modification (of use or development).”

“Use, principal” means the primary or predominant use to which a structure, part of a structure, or lot is or may be devoted.

“Use, temporary” means a use established under Section 17.04.100 for a fixed period of time with the intent to discontinue such uses upon the expiration of the time period.

“Utilities” are those businesses, institutions, or organizations which use pipes or conductors in, under, above, or along streets, alleys or easements to provide a product or service to the public.

“Utility services” means facilities operated by utilities but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants.

“Variance” means a modification of the specific regulations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district.

Veterinary Clinic. See “Animal clinic/hospital.”

“Vision triangle” means a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the site distance of motorists entering or leaving the intersection. (See Section 17.05.040.)

“Warehouse” means a structure used for the storage of goods and materials. Also see “Agricultural building.”

“Waste material processing and junk handling” means a place where waste, discarded or salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and salvaged materials are brought, sold, exchanged, stored or bailed, and places or yards for the storage of salvaged materials and equipment from building demolition and salvaged structural steel materials and equipment, but excluding the establishments for the processing and sorting of garbage, or for the sale, purchase, storage or dismantling of automotive vehicles and machinery. This definition does not include the processing, storage or disposal of hazardous materials.

“Water system” means any water system or water supply used for human consumption or other domestic uses. This definition includes the source, treatment, storage, transmission and distribution facilities. Water systems are further classified as follows:

1. Public Water System. The water systems operated by the city of Wapato or any Class (1) water system as defined in WAC 248-54-560.

2. Community Water System. A water system having two through ninety-nine permanent services (Class (2), (3) or (4) water systems--WAC 248-54-560).

3. Individual Water Systems. A water system serving a single structure--generally a private well.

“Wholesale trade” means those uses primarily engaged in the sale of merchandise to retailers; industrial, commercial, institutional or professional business users; or to other wholesalers.

“Yard” means an open space, other than a court, on the same lot with a structure.

“Yard, front” means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure.

“Yard, rear” means the open area at the rear of the structure extending the entire width of the lot and measured from the structure to the rear property line.

“Yard, side” means an open area between the side wall line of the structure and the side line of the lot.

“Zero lot line” means the location of a dwelling on a lot in such a manner that one of the sides of the dwelling rests directly on a side lot line. (Ord. 1224 §2(Exh. 1 §1), 2010:  Ord. 1205 §1(part), 2009; Ord. 1183 §1, 2008; Ord. 1162 §1, 2007; Ord. 956(part), 1993)